High Court orders Najib to enter defence in 1MDB case

KUALA LUMPUR: The High Court here today ordered Datuk Seri Najib Tun Razak to enter his defence on four charges of using his position to obtain gratification totalling RM2.3 billion in 1Malaysia Development Berhad (1MDB) funds and 21 money laundering charges involving the same amount.

Justice Datuk Collin Lawrence Sequerah (now Court of Appeal judge) made the ruling after finding that the prosecution had established a prima facie case against the former prime minister on all the charges at the end of the prosecution's case.

"This court finds the charges against the accused are valid and correct in law. The ingredients that the accused is an officer of a public body have been proven in respect of all four charges of use of official position for any gratification for himself," he said.

For all 21 money laundering charges, he said the offences had fulfilled the criteria under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001.

Justice Sequerah said on the defence's allegations that the charges against Najib were defective, duplicitous and ambiguous, the court found that the time and place stated in the charges fulfil all the legal criteria under the Criminal Procedure Code.

"The court did not find that the accused has been misled by the charges," said the judge.

Najib, 71, is facing four charges of using his position to obtain gratification totalling RM2.3 billion in 1MDB funds at the AmIslamic Bank Berhad branch on Jalan Raja Chulan, Bukit Ceylon here between Feb 24, 2011, and Dec 19, 2014.

He is charged under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act and can be punished under Section 24(1) of the same act.

Upon conviction, the former finance minister faces up to 20 years in prison and a fine of either five times the amount of the bribe or RM10,000, whichever is higher.

For the 21 money laundering charges, Najib is accused of committing the offences at the same bank between March 22, 2013 and Aug 30, 2013.

The charges are framed under Section 4(1)(a) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, which provides for a maximum fine of RM5 million and imprisonment of up to five years, or both, upon conviction.

The prosecution was led by deputy public prosecutor Kamal Baharin Omar while Najib was represented by counsel Tan Sri Muhammad Shafee Abdullah, who led the defence team.

Najib has been serving a sentence in Kajang Prison since Aug 23, 2022, after being convicted in a separate criminal trial over misappropriating RM42 million from SRC International Sdn Bhd.

Following his conviction, the former Pekan MP filed a petition for a royal pardon on Sept 2, 2022, which resulted in a reduction of his 12 years' imprisonment to six years and RM210 million fine to RM50 million.

-- BERNAMA